Per DINESH MEHTA, J.
1. Instant appeal has been preferred under Order XLIII Rule 1 of the
Code of Civil Procedure, 1908 (hereinafter referred to as „CPC‟) read with
Section 13 of the Commercial Courts Act, 2015 (hereinafter referred to as
„the Act of 2015‟) calling in question, the propriety and correctness of the
order dated 07.01.2026.
Signature Not Verified
Digitally Signed FAO(OS) (COMM) 31/2026 Page 1 of 10
By:NAVEEN KUMAR
Signing Date:28.02.2026
11:10:57
2. No sooner had Mr. Rajiv Nayyar, learned senior counsel for the
appellant (defendant no.4) opened his arguments, than Mr. Siddharth Yadav,
learned senior counsel for respondent no.1 (plaintiff) interjected and raised a
preliminary objection that the instant appeal is not maintainable as the order
dated 07.01.2026 does not finally decide the interim application much less
the suit. His argument, in substance was that unless an application or lis is
finally decided, appellate jurisdiction conferred under Section 13 of the Act
of 2015 cannot be invoked.